GENERAL TERMS AND CONDITIONS OF SALE
The rental contract is concluded between HOTEL MOBILITY, hereinafter referred to as "the lessor", and the customer, user of the scooter, hereinafter referred to as "the user".
The lessor has concluded a provision contract with the hotel, hereinafter referred to as "the hotel", of which the user is also a customer.
To rent a scooter, the user must:
- to be a guest of the hotel,
- be at least 14 (QUATORZE) years of age, for the use of electric scooters. On the other hand, children under 14 (QUATORZE) years of age may use manual scooters.
Renting is strictly personal; any subletting and/or making the Equipment available free of charge or for a fee is prohibited.
In the event of an Accident during its use by a third party under the Rental Agreement, the user remains liable to the Renter for damage to the Equipment and for any damage of any nature whatsoever caused to third parties.
1. Delivery and return of equipment
The lessor shall provide the user with a scooter, as well as the safety and security equipment relating to both the user and the scooter, hereinafter referred to as "the equipment", in good working order.
The equipment is composed of the following elements:
- Egret Ten scooter and its bag fixed on the stem,
- a helmet,
- personal protection for helmets,
- a Klickfix phone holder,
- a Granit Plus Abus lock with a key and a Combiflex code Abus lock.
When the equipment is handed over, in the absence of any comments from the user, the equipment is deemed to have been handed over in good condition.
In the event of technical anomaly (s), the user must immediately inform the lessor.
The equipment must be returned by the user in the condition in which it was returned; in the absence of a remark from the hotel, the equipment is deemed to have been returned in good condition.
2. Use of the equipment
2.1. Reasonable use
The user must ensure the proper preservation and reasonable use of the Equipment and maintain it in a reasonable state of cleanliness.
The user must scrupulously respect the Highway Code and comply with the legislation in force concerning the rules of traffic on electric scooters. It will only be allowed on the lanes authorized for electric scooters, as provided for by the Highway Traffic Act and applicable regulations.
In particular, it is prohibited to ride on sidewalks with an electric scooter.
During the time of use of the scooter, the user must wear the supplied helmet.
During stops, the user must store the scooter preferably using bicycle racks or, failing that, in an area that does not obstruct traffic for other users.
Whenever the user moves away from the equipment, the scooter must be switched off and the equipment must be properly secured using the U-lock and code lock provided in the bag, in accordance with the instructions provided by HOTEL MOBILITY and accepted by the user.
2.2. Unauthorized use
The following uses of the Material are not permitted:
- Provide, free of charge or against payment, a passenger transport service,
- Pulling (or pushing) any other Material,
- Climbing together on a scooter,
- Any use for illegal or immoral purposes, for advertising or propaganda of any kind,
The equipment may be equipped with on-board geolocation systems to locate them in real time, in some cases to activate or deactivate locking and start/stop systems (electronic systems) or to detect shocks. These services are used for security purposes and to fight against theft and/or fraud.
In accordance with the Law, the user has the right to access, rectify and delete data concerning him/her.
In the event of non-compliance with the provisions of the Rental Agreement and/or in the event of theft of the Equipment, the lessor reserves the right to activate the locking and start/stop systems of the Equipment, terminating the rental, without the possibility of returning all or part of the sums paid by the user, of which the user acknowledges having been informed and expressly agrees.
2.4. Indicators / Maintenance
The user must remain vigilant for any signal emitted by a warning light on the Equipment and any apparent malfunction of the scooter and, if necessary, take all necessary protective measures such as, if necessary, emergency stop.
The user must immediately contact the lessor whose telephone number (+33 (0)6 31 99 50 84) and e-mail address (email@example.com) appear on the Contract, so that the latter can provide an appropriate solution.
Any modification of the Equipment or any mechanical intervention carried out on it is prohibited without the prior written authorisation of the lessor. If this rule is not respected, the user must bear the justified costs of restoring the Equipment in the same condition as the one in which he took possession of it, as well as all the consequences, of whatever nature, towards the user or third parties in the event of an accident resulting therefrom.
The user is responsible for violations of the Highway Code committed by him/her as well as for fines, fees and parking fees during the rental period.
The user must pay the corresponding amounts.
At the request of the authorities, the user authorises the lessor to communicate the user's details to the authorities.
3. The duration of the rental period
The scooter is available to the user in hotels between 9am and 9pm.
The rental packages start at any time of the day without time constraints, without the return being possible after 9pm.
Scooters must be brought back within the time limit set by the rental.
In the event of an overrun, a new day will be charged according to the maximum rate shown on the rental company's booking page.
In the event of early return, no refund will be made.
3.2. Cancellation/ Modification of a Booking
The Online Booking and Rental Agreement cannot be modified or cancelled after the delivery of the Equipment.
Before this date, the user may request by email sent to firstname.lastname@example.org (with acknowledgements of receipt and reading) from the lessor a Cancellation/Modification.
In the event of a request for Modification, the lessor will make its best efforts to satisfy the user's request within the limits of the availability of the Equipment. Failing this, the user may not claim any sum in any capacity whatsoever from the lessor.
3.3 End of the Lease Agreement
The equipment is returned to the hotel of which the user is the guest.
Except in cases of Force Majeure, in the event of abandonment of the Equipment, the user shall bear the costs and consequences inherent in such abandonment and in the repatriation of the Equipment.
4. Incidents during the rental period
4.1 Obligations in the event of a breakdown
In the event of a breakdown that immobilizes the Equipment, the user must immediately contact the lessor whose telephone number (+33 (0)6 31 99 50 84) appears on the Contract so that an appropriate solution can be proposed to the user.
4.2 Obligations in the event of an Accident
The User must inform the lessor by telephone on +33 (0)6 31 99 50 84 provided that he is not himself the victim of a physical accident preventing him from fulfilling this obligation.
In the event of a physical accident that requires urgent intervention, the User must first contact the emergency services (EMS, fire brigade) and the police.
In the event of an accident with a land motor vehicle, an amicable accident report, whether or not the user is responsible, must be provided to the lessor, except in cases of Force Majeure, as soon as possible and at the latest within 48 hours of the Accident.
The user shall take all reasonable steps to complete the amicable report in a manner that is legible, usable and signed by both Parties.
If this is not possible, the user must provide the police or gendarmerie report drawn up at the time of the accident.
If these obligations are not respected, the user remains liable for the amount of the damage linked to the loss of recourse.
The user's financial commitment is limited to the value of the device and the intangible damage.
On the other hand, damages of any kind whatsoever shall be borne entirely by the user in the following cases:
- The use of the Material by any person other than the user;
- Use under the influence of spirits or narcotics or drugs or narcotics or narcotics or barbiturates or drugs other than drugs taken as part of a treatment prescribed and controlled by a doctor and compatible with the use of the Equipment; it being specified here that the user's refusal to submit to checks by the police authorities must be treated as such;
- Of the abandonment or non-return of the Material by the user;
- In the event of failure to declare an Accident even if the Equipment has not suffered any damage or in the event of failure to transmit to the lessor the accident report or if this report is inoperable or fraudulent;
- Damage, Accidents and damage caused voluntarily by the user or his beneficiaries;
- The negligence or fault of the user in the use or custody of the Material and in particular the failure to comply with the mandatory rules and criteria for use imposed by the law or regulations applicable when the Material is in circulation;
- Where the user has appropriated the Material by means of a false declaration or in the event of embezzlement, misappropriation, malicious use or fraud by the user or his successors in title.
The amount of damage to the equipment will be determined by the lessor on production of supporting documents and will be notified to the user within 15 working days of the return of the Equipment.
In the event of disagreement, the user has the possibility, within 8 working days of the above notification, to request at his or her own expense an expert opinion carried out by an approved expert or, failing that, an expert appearing on the list of judicial experts under the jurisdiction of the Court of Appeal of the place of your competent domicile. The expert's conclusions will be binding on the parties.
The user expressly authorizes the lessor to take all or part of the Security Deposit, if he has deposited one, for the repair of the equipment.
The user also undertakes to pay any excess amount still due.
4.3. Theft or attempted theft of the Material
The user must report the Theft or attempted Theft to the police authorities as soon as he is aware of it and to the lessor and return the locking systems and the receipt for filing the theft report within two working days of the user becoming aware of it (except in the case of Force Majeure).
On the other hand, the financial commitment will be total, equal to the value of the stolen equipment, in the following cases:
- failure to comply with the obligations referred to above,
- if the Theft or attempted Theft is the fault of the user or his or her or if the Theft could have been carried out with the complicity of the user or his or her assigns,
- in the event of theft of the Equipment, due to the carelessness of the user in keeping the Equipment and/or the locking and start/stop system (keys or electronic systems) of the Equipment and/or securing the equipment with the locks provided.
The user expressly authorises the lessor to take possession of all or part of the Security Deposit, thanks to the bank account to which the user has consented, if he has deposited one.
The user also undertakes to pay any excess amount still due.
The user's civil liability towards third parties is covered by the GROUPAMA RHONE-ALPES AUVERGNE insurance policy n°42467452 C 0001 of "Civil Motor Liability" subscribed by the lessor in application of the legal provisions. It guarantees damages caused to third parties. It does not guarantee any damage caused to the Material. It does not guarantee the Theft.
In addition, an "individual accident insurance" has been taken out with GSL Special Lines by the lessor for the benefit of user n°ADP20192341. With regard to medical expenses, "individual accident insurance" is complementary to or in the absence of the user's social insurance.
Compensation for the loss, for the benefit of the user or third parties, under this contract, will be limited to the maximum amount of insurance subscribed by the owner.
If the insurer, for any reason whatsoever, refuses to indemnify the claim, the user shall be responsible for any consequences attached, directly or indirectly, to the execution of this contract.
It is hereby recalled that:
- in the event of compliance by the user with these general terms and conditions of sale:
- In the event of an accident: the "Motor Third Party Liability" and "Individual Accident Insurance" policies will apply within the limits of the limits. Under no circumstances may the lessor be required to compensate Users in addition to the insurance limits;
- If the Material has been damaged, the user will be liable for the damage and expressly authorizes the lessor to take possession of all or part of the Security Deposit, thanks to the bank account to which the user has consented, if he has deposited one.
- in the event of non-compliance by the user with these general terms and conditions of sale:
- In the event of a physical or material accident, the user will be liable for any damage. The insurance taken out by the lessor is subject to compliance with these general terms and conditions of sale and the regulations applicable to the use of the equipment;
- In the event of Theft or unexplained disappearance: the user will be considered responsible and and expressly authorizes the lessor to take possession of all or part of the Security Deposit, thanks to the bank account to which the user has consented, if he has deposited one;
- If the Material has been damaged, the user will be considered liable and expressly authorizes the lessor to take possession of all or part of the Security Deposit, thanks to the bank account to which the user has consented, if he has deposited one.
6. Financial conditions
In order to take possession of the Equipment, the user pays in advance the Rental Price and any Security Deposit that is determined at the time the Rental Agreement is entered into.
Otherwise, the user cannot take possession of the Material.
At the end of the Lease Agreement, the User must pay the remaining amounts payable by him/her pursuant to this Agreement.
Except in the event of an Accident or Theft, the Security Deposit paid shall be returned at the end of the Rental Contract, after deduction of any sums due to the Renter for the repair of the equipment, in accordance with Article 2.
The user is informed of the possibility offered by Article L.152-1 of the Consumer Code, in the event of a dispute resulting from this agreement, to have recourse to a consumer mediator:
Association des Médiateurs Européens
11 place Dauphine
Phone number : +33 (0)9 53 01 02 69